Residue and admitting to smoking - what are the consequences?

Discussion in 'Legal Issues' started by MonarchX, Jan 16, 2008.

  1. MonarchX

    MonarchX New Member

    Lets say you are not on university property and simply drug USE won't get you in trouble (and its not illegal to be high in public).

    1. You smoked a joint outside and a cop detains you. You admit you smoked some MJ and a cop searches you finds nothings. You still admit. What are possible consequences? Can they arrest you for destruction of evidence or some other semi-possession charge?

    2. How much MJ is needed to prosecute you? I know a seed can get you arrested, but what about residue on your hands?

    3. Is a plastic bag with MJ residue (not visible) considered paraphernalia?

    4. If you get caught in the process of BUYING MJ (not selling) then whats the charge? Possession or distribution?

    5. What if you get caught buying MJ from a cop (undercover cop)?
     
  2. Andrew87

    Andrew87 Sr. Member

    1. They couldn't charge you with destruction of evidence or anything similar. I believe the only way a possession charge would hold up through self-admission is if the police got you to consent to taking a drug test and it came back hot. Simply saying that you smoked weed would be a long shot for a conviction or even an arrest, unless you are driving, or something similar.

    2. You can be arrested for virtually any amount. Residue on your hands would count if they could prove that's what it was, but I highly highly doubt any cop is going to go through the trouble for something as mild as this. Residue technically is enough, I know in my state if you are caught with a bowl w/ residue it is a possession charge.

    3. It could be considered possession. But like #2, I doubt any cop will bother trying to confirm something so little.

    4. It would be possession, you definitly would not get charged with distribution if you were the buyer. They may charge you with "conspiring to possess marijuana" or something of the like. The other guy would get charged with distribution.

    5. Depending on the circumstances, you might have a good case for entrapment. These are called "reverse stings" and are fairly uncommon due to a variety of factors. However, from what I've seen of them, you will still get arrested and/or charged.
     
  3. steakii

    steakii New Member

    1. If the state has no under the influence laws, then no no charge.

    2. If they can somehow scrape the residue on your hands and keep it for evidence, then they can charge you, but i have never heard of that happening.

    3. Depends on the state, sometimes they will have dogs sniff the bag, can be consider paraphernalia but again i have never heard of it happening, but it is more likely than getting residue from your hands.
     
  4. dinkydew1

    dinkydew1 New Member

    Why did the cop detain you? If there was residue and you admitted guilt, whats to explain?
     
  5. phuzz01

    phuzz01 Sr. Member

    Probably not. In order to qualify as entrapment, a police officer has to coerce you into doing something illegal that you would not have otherwise done. So, if you go up to an undercover officer and ask for an 1/8th, he is not entrapping you. You would have bought the mj if he wasn't an undercover police officer.

    On the other hand, if a police officer approached you and asked if you wanted to buy an 1/8th, then you refused, then he talked you into it, THAT would be entrapment. You were not going to buy it, but the police officer coerced you into it.
     
  6. troublemaker420

    troublemaker420 New Member

    I'm not sure how often people are busted for pot "residue" here in South Dakota, but I know that ANY detectable amount of cocaine or meth WILL get you arrested. I personally know of many people who have been arrested for possession because of residue found in a bagie, on a scale, in a "tooter" etc. If theres enough residue left to determine what the substance is, you will be arrested, and in SD, its felony charges. When I was working as a Corrections Officer, I met a woman who was serving 10 years on felony possession charges because of residue left in a baggie that was found in her possession. In SD, possession of ANY amount of ANY illegal drug other than mj earns you felony charges.
     
  7. MonarchX

    MonarchX New Member

    SD sounds like the harshest state to live in for a pothead. I knew people who were threatened once that their bag would be tested for residue if nobody admits guilt. Nothing happened because the bag was in a trash can in a common room, and by the time cops busted in all kids spread to their own private rooms and locked themselves in. Cops had to get keys from RAs to open door and obviously everyone was "sleeping" and "couldn't hear a thing". I guess they had no way to tell who actually possessed it...
     

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